Living with a drunk driving conviction on your record in Iowa can hold you back in ways you never expected—limiting your options for employment, housing, and even professional licenses. Many people in Des Moines and across Iowa want a fresh start, but the rules around expunging or sealing an OWI (Operating While Intoxicated) case are complex and misunderstood. At Branstad & Olson, we bring decades of experience to help guide clients through these legal barriers, explaining the realities so you can move forward with confidence. If you’re wondering whether you can clear an OWI from your Iowa record, how the process works, and what it might mean for your future, you’re not alone. Let’s take a deep dive into your options, step-by-step directions, and what to expect from the courts in Polk County and beyond.
Can You Expunge or Seal an OWI from Your Record in Iowa?
Many people believe they can remove any criminal conviction from their record in Iowa, but the state’s laws are among the strictest in the country when it comes to record clearing. Expungement means physically erasing or destroying a record from public view, while sealing restricts who can see the information but keeps the case accessible to law enforcement and certain agencies. In Iowa, expungement is possible for limited offenses, usually non-serious misdemeanors or cases where charges were dismissed, and does not extend to most finalized OWI convictions.
For most adults, an OWI conviction in Iowa cannot be expunged or sealed. The main exception involves first-time OWI offenders who receive a deferred judgment, complete probation successfully, and meet every court condition. Even if you qualify for expungement after a deferred judgment, some agencies—including law enforcement and professional licensing boards—can still see expunged or sealed OWI records. Public background checks and Iowa Courts Online will no longer display expunged cases, but it’s vital to understand these distinctions before pursuing relief.
Legal changes in recent years have clarified, but not broadly expanded, expungement options for drunk driving cases. Deferred judgments remain the primary avenue for relief, while traditional OWI convictions, repeat offenses, or aggravated cases remain on your record permanently. This makes it critical to know exactly what kind of disposition your case received, so you don’t waste time and resources on impossible petitions.
OWI Expungement Eligibility: Who Can Apply in Iowa?
Iowa law only allows expungement of an OWI case under very narrow circumstances. Generally, you must have received a deferred judgment for your first OWI, completed all terms of probation, and paid all related court costs or restitution. If you were convicted—rather than granted deferred judgment—expungement is not an option under current law, regardless of how much time has passed or how significant your rehabilitation.
The following factors must all be true before you can apply to expunge an OWI after a deferred judgment in Iowa:
- You completed your court-ordered probation successfully, without revocation.
- All fines, fees, and restitution have been paid in full.
- You completed all required alcohol education sessions, victim impact panels, and substance evaluations.
- No new criminal charges or convictions have occurred since your deferred judgment.
- At least one year has passed since the dismissal of your case.
Even one missed requirement can mean denial. These requirements are strictly enforced in Polk County and across Iowa, so it’s important to double-check every condition before applying.
OWI convictions that involved bodily injury, death, or multiple offenses are not eligible for expungement. If your probation was revoked or you violated the court’s terms in any way, eligibility disappears. Some people believe paying extra fees or attending more courses can fix this, but expungement rules are set by statute, and judges must follow them closely. Checking your eligibility with an experienced legal team before filing can prevent frustration and save you time and money.
Deferred Judgment for OWI: How Does It Affect Your Iowa Record?
A deferred judgment gives some first-time OWI offenders in Iowa an important second chance. This option allows the court to place you on probation rather than enter a conviction, provided you meet every probation condition, pay all required fines, and participate in any assigned programs. When you complete probation, the OWI case is dismissed, leaving you eligible to apply for expungement after one year—if you continue meeting all requirements.
Even after expungement, deferred judgments are not completely invisible. Certain government agencies and licensing boards can still access these records, and law enforcement will see prior cases should you ever face another charge. Insurance companies, private employers, and landlords, however, typically cannot see expunged deferred judgments in standard background checks through Iowa Courts Online or common screening databases.
It’s important to understand how deferred judgments interact with your long-term opportunities. Many professional careers—including education, healthcare, law enforcement, and the military—require deeper background checks that may reveal dismissed or expunged charges. While a deferred judgment significantly limits public and commercial visibility, it is not a “clean slate” in every possible scenario. Speaking with knowledgeable defense counsel helps clarify where your record may still appear and how to address these questions with employers or licensing boards.
Step-By-Step Process to Expunge an OWI in Des Moines or Polk County
The process for seeking expungement of an OWI following a deferred judgment in Iowa includes several detailed steps. Skipping any part can slow you down or result in an outright denial. Here’s what you need to prepare for:
- Request and assemble all court documents relating to your OWI, including the criminal complaint, sentencing order, probation discharge, and payment receipts for fines and restitution.
- Gather records proving completion of any court-ordered classes, substance abuse evaluations, and victim impact panels. Certified copies are often required for court submission.
- Obtain a clear record of any driver’s license reinstatement and ensure you have satisfied all DMV requirements linked to your charge.
- Download and complete the Iowa Application for Expungement. The form requires information about your identity, case number, and detailed proof of eligibility.
We recommend contacting the Polk County Clerk of Court for guidance on the latest forms and whether any local court rules or filing fees apply before submitting your packet.
After organizing your documentation, file your expungement application with the Polk County District Court. Courts may schedule a hearing to review your application. At the hearing, you should be prepared to explain your eligibility, answer questions about your probation and payment history, and provide any additional documents the judge requests. Clear, organized records can speed up the hearing and improve your chances.
If the court grants your expungement, your OWI record will be updated in Iowa Courts Online within weeks. Processing times vary depending on Polk County’s court schedule, but having all paperwork in order often shortens the timeline. Throughout the case, Branstad & Olson keeps clients updated with MyCase, streamlining communication and ensuring you never miss a critical update or hearing notice.
Document Checklist: What You Need for an Iowa OWI Expungement
Pursuing expungement of an OWI conviction in Iowa requires a thorough and well-organized application. You will need to gather and submit several specific documents to the Polk County District Court or your local jurisdiction:
- Certified copies of the original criminal complaint, sentencing order, and probation discharge paperwork.
- Proof of payment for all court costs, fines, surcharges, and restitution. Receipts or court statements are preferred.
- Certificates of completion for any court-mandated substance abuse treatment, alcohol education courses, and victim impact panels.
- Clear records for any driver’s license reinstatement or other DMV compliance connected to your OWI.
- Recent background checks (optional but helpful) from the Iowa Division of Criminal Investigation (DCI).
- Personal identification, such as a valid driver’s license or state-issued ID.
Incomplete or missing paperwork is a leading cause of expungement denials, so double-check every item before you file.
In some cases, you may also need documentation proving your progress since your OWI, like proof of employment, schooling, or community service. These supplemental materials, while not strictly required by statute, can give the judge a broader view of your rehabilitation and help set your application apart.
At Branstad & Olson, we help clients assemble complete and accurate expungement packets by checking every required form and communicating with both courts and relevant agencies. Our team’s dedication to thoroughness can make a difference when facing Polk County’s demanding record clearance standards.
What to Do If Your OWI Expungement Request Is Denied in Iowa
If a judge denies your expungement request for an OWI in Iowa, understanding the reason is crucial. Denials in Des Moines and across the state often stem from missing paperwork, unpaid fines or restitution, violations during probation, or failing to satisfy the one-year waiting period after dismissal. Some denials may occur because your case involved aggravating circumstances, such as injury or additional criminal activity.
Carefully review the court’s denial order to identify which requirement was not met. Fixable issues—like outstanding costs or missing proof of completion—can be addressed, allowing you to reapply once corrected. In contrast, denials related to new criminal convictions or non-qualifying offenses usually cannot be cured. Paying attention to detail at every step is essential, since Iowa law only offers relief to those who have fully complied with all court requirements and statutes.
When you feel the denial was based on a misunderstanding or error, you have options. Consider reviewing your case with an experienced attorney. A lawyer can evaluate whether an appeal, supplemental documentation, or a future re-application is possible. With MyCase, our team supports clients by tracking key dates, responses, and court communications, so you always know exactly where your case stands and what can be done next.
How Expunging or Sealing an OWI in Iowa Affects Background Checks & Future Opportunities
Many people pursue expungement or sealing to improve their chances of getting a job, renting an apartment, or pursuing education. When Iowa courts grant your expungement, your OWI record is removed from the Iowa Courts Online system and commonly used background checks. Most private employers, landlords, and schools searching after that date will not see the cleared OWI record.
However, certain employers and agencies still access expunged or sealed cases. Law enforcement, some government agencies, and licensing boards maintain access for specific background screenings. Timing also matters—private data companies may take weeks or even months to refresh their records after an expungement, and mistakes or outdated listings can linger. When applying for jobs requiring security clearances, government work, or positions in healthcare, expunged records may still come to light and require explanation.
Expungement does not automatically repair every consequence of an OWI, such as insurance rates or suspension periods. If you plan to apply for a particular job or license after expungement, verify what background check will be used and, when possible, request a copy of your record after expungement to ensure its accuracy. Our team encourages clients to stay proactive and communicate with employers or licensing agencies about their rights and status if unexpected issues arise on background checks.
Downsides & Limitations: The Real Impact of OWI Expungement in Iowa
While expungement or sealing your OWI opens new doors, it’s important to know its limitations. Even after expungement, law enforcement, prosecutors, and many professional licensing boards can review your past cases—especially if you face another criminal charge. If you are convicted of another OWI, the dismissed or expunged case can often count as a previous offense for sentencing, increasing penalties for “repeat” or “aggravated” cases.
Expunged records may persist in some third-party background check agencies, especially those that do not update their databases regularly. This means that, in rare cases, old information could show up even after you complete the expungement. Being prepared with your expungement order and staying in touch with data firms may help remove outdated listings faster, but you may need patience as record updates cycle through different reporting agencies.
Some consequences of an OWI—like higher insurance costs, immigration complications, or administrative penalties—can carry forward even after court records are cleared. It’s always wise to talk about these possible effects with a lawyer before pursuing expungement, especially if you work in sensitive professions or may travel internationally in the future.
How Long Does It Take to Remove an OWI from Your Record in Iowa?
The timeline for OWI expungement in Iowa depends mainly on how long it takes to complete probation and satisfy all legal requirements. After a deferred judgment, you must wait at least one year after probation ends to apply for expungement. Gathering required paperwork, obtaining court certificates, and ordering background checks can add several days or weeks to preparation.
Once you submit your expungement petition, Polk County District Court usually sets a hearing within four to twelve weeks, depending on caseload and judge schedules. If the petition is granted, courts often update Iowa Courts Online within a few weeks—though it may take longer for private databases and background check services to reflect updates. Proactive organization of paperwork helps make the process smoother and reduces time lost to confusion or errors.
At Branstad & Olson, we help clients plan ahead by mapping out the key deadlines, checking documentation before filing, and keeping you fully informed through MyCase at every step. This careful preparation helps prevent delays, so you can reclaim your future with as little waiting as possible.
Should You Hire a Lawyer for OWI Expungement in Iowa?
While Iowans can technically apply for expungement on their own, the process can be filled with traps and technicalities that are hard to navigate without legal training. Many applications fail because of paperwork errors, missed eligibility criteria, or a lack of organized proof for court review. Polk County judges expect every requirement to be met, and incomplete or inaccurate filings often lead to denial.
Working with a criminal defense team provides significant advantages. Lawyers review your eligibility, organize your documentation, and guide you through each step—helping ensure your application is submitted correctly and on time. In court, lawyers can speak on your behalf, clarify confusion, and address questions from the judge, giving your petition the best possible chance.
Our team at Branstad & Olson stays connected to clients through MyCase, offering ongoing updates and fast communication about every case milestone. If you’re considering OWI expungement in Iowa and want informed, strategic help from a dedicated defense team, contact us online or give us a call at (515) 329-3100. We're here to make the process more understandable and help you take meaningful steps toward a new beginning.